Rayle

Nostalgia Network, Inc. v. Rayle

Good Law
56 F. App'x 344
United States Court of Appeals for the Ninth CircuitFebruary 13, 2003No. 01-57240; D.C. No. CV-94-06747-RMTCalifornia566 words

Opinion

Lead Opinion

MEMORANDUM **

Appellant Merrick Scott Rayle appeals the District Court’s reaffirmation of its order entering default judgment against him. Because the parties are familiar with the facts and procedural history of the case, they are not repeated here except as necessary. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

A district court’s entry of a default judgment pursuant to its inherent power is reviewed for abuse of discretion. Anheu-ser-Busch Inc. v. Natural Beverages Dis- trib’s, 69 F.3d 337, 348 (9th Cir.1995) (citing Halaco Eng’g Co. v. Costle, 843 F.2d 376 , 379 (9th Cir.1988)). In general, a district court is within its discretion in entering default judgment against a party who fails to comply with pre-trial discovery orders or interferes with the production of evidence. See Ins. Corp. of Ireland, Ltd. v. Compagnie des Bauxites de Guinee, 456 U.S. 694, 705 , 102 S.Ct. 2099 , 72 L.Ed.2d 492 (1982); Hammond Packing Co. v. Arkansas, 212 U.S. 322, 350-51 , 29 S.Ct. 370 , 53 L.Ed. 530 (1909). However, we have held that in considering whether to order dismissal for discovery abuses pursuant to its inherent power, a district court must consider “the existence of…

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